Chapter 3: The Constitution Section 1

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1 Chapter 3: The Constitution Section 1

2 Objectives EQ: How does the constitution function in a way that has been flexible over a long period of time? Copyright Pearson Education, Inc. Slide 2

3 Standards Content Standard 2: The student will describe the historic and philosophical foundations of the United States republican system of government. 1. Cite specific textual and visual evidence and compare points of view to examine the philosophical contributions of the Enlightenment including the writings of Montesquieu, Locke, and Thomas Jefferson; the early experiences of colonial self-government; and the influence of religious texts including The Bible to the foundation of American political thought. 2. Cite specific textual and visual evidence and summarize the impact of major historic events of the Revolutionary Era and major documents contributing to the formation of constitutional government in the United States including the Mayflower Compact (1620), the Fundamental Orders of Connecticut (1639), the English Bill of Rights (1689), the Albany Plan of Union (1754), the Virginia Declaration of Rights (1776), the Articles of Confederation (1781), and the colonial/revolutionary writings of Patrick Henry, Thomas Paine, and James Otis. 3. Determine the central ideas and importance of the concept of inalienable rights, the social contract or compact, the 27 grievances as stated in the Declaration of Independence, and the discussions of enumerated versus implied powers; and cite specific textual and visual evidence to explain how the protection of these rights were incorporated in the United States Constitution and the federal Bill of Rights as a fundamental purpose of the government. 4. Evaluate the necessity for a written constitution to set forth the organization of government and to distribute powers among the three different branches of government and the states, or the people. 5. Analyze the events and major conflicts, beliefs, and arguments which led to the addition of the Bill of Rights to the United States Constitution; and compare the points of view as expressed in Federalist Papers Number 10 and Number 51 and the writings of the Anti-Federalists including Copyright Pearson Education, Inc. Slide 3

4 Key Terms popular sovereignty: the political principle that people are the source of all governmental power and that government requires the consent of the governed limited government: the idea that government may only do those things that the people have given it the power to do constitutionalism: the idea that government must be conducted according to constitutional principles Copyright Pearson Education, Inc. Slide 4

5 Key Terms, cont. rule of law: the principle that government and its officers must always obey the laws of the land separation of powers: the principle that each of the basic powers of government executive, legislative, and judicial should be wielded by an independent branch of government Copyright Pearson Education, Inc. Slide 5

6 Key Terms, cont. checks and balances: the system under which each branch of government can check, or limit, the actions of the other branches veto: to reject an act of Congress judicial review: the power of a court to determine whether a government action is constitutional or not Copyright Pearson Education, Inc. Slide 6

7 Key Terms, cont. unconstitutional: in violation of a provision of the Constitution, and therefore illegal and of no effect federalism: the principle that political power should be divided between a central government and a number of regional governments Copyright Pearson Education, Inc. Slide 7

8 Introduction What are the six main principles on which the Constitution is based? Popular Sovereignty Limited Government Separation of Powers Checks and Balances Judicial Review Federalism The Constitution embodies these key principles along with describing the basic structure of our government. Copyright Pearson Education, Inc. Slide 8

9 Outline of the Constitution The Constitution is organized in a simple fashion and is fairly brief. In many areas it focuses more on principles than specific details. This helps it guide the nation through changing times. The seven articles are followed by the 27 amendments. Copyright Pearson Education, Inc. Slide 9

10 Popular Sovereignty The principle that the people are the only source for all governmental power. The government rules through leaders elected by the people to represent the people. The Preamble notes that the Constitution is created by We the People. Copyright Pearson Education, Inc. Slide 10

11 Limited Government Government may only do those things the people have given it the power to do. Government must obey the law. Much of the Constitution spells out limits on the power of the government. Copyright Pearson Education, Inc. Slide 11

12 Separation of Powers Checkpoint: How does the separation of powers keep government from becoming too powerful? The Constitution divides power among the legislative, executive and judicial branches. Congress makes the laws, the President executes and administers the laws, and the Supreme Court interprets the laws. Separation of powers keeps a strong central government from being too powerful. Too much power concentrated in any one branch could lead to abuses of that power. Copyright Pearson Education, Inc. Slide 12

13 Checks and Balances Each branch of the federal government can check the power of the other two. The President can veto bills passed by Congress, but Congress can override a veto. The Senate can reject presidential appointees or refuse to ratify a treaty. Congress can vote to impeach a federal official. The federal courts can rule that executive and legislative acts are unconstitutional. Copyright Pearson Education, Inc. Slide 13

14 Checks and Balances, cont. The use of checks is fairly rare. Compromise is more common Conflicts more likely when Congress and the presidency are controlled by different parties. Copyright Pearson Education, Inc. Slide 14

16 Judicial Review The Courts can decide if a government action is constitutional. The power of judicial review is held by all federal courts and most state courts. Judicial review was established as a necessary power of the courts by Supreme Court Chief Justice John Marshal in the case Marbury v. Madison in Most acts are found to be constitutional, but the Supreme Court has struck down many presidential, congressional, and state measures over the years. Copyright Pearson Education, Inc. Slide 16

17 Federalism Federalism is a compromise between an allpowerful central government and an independent state government. It corrected the weaknesses of the Articles of Confederation without replacing them with a Britishstyle monarchy. The Framers felt that too much governmental power threatened liberty. Federalism helps prevent that power from being abused, by dividing governmental power. Copyright Pearson Education, Inc. Slide 17

18 Federalism, cont. The Constitution divides power among the State and Federal Governments. Why might the Constitution give the power to regulate trade among the States to the Federal Government? Copyright Pearson Education, Inc. Slide 18

19 Chapter 3: The Constitution Section 2

20 Objectives 1. Identify the four different ways by which the Constitution may be formally changed. 2. Explain how the formal amendment process illustrates the principles of federalism and popular sovereignty. 3. Understand that several amendments have been proposed, but not ratified. 4. Outline the 27 amendments that have been added to the Constitution. Copyright Pearson Education, Inc. Slide 20

21 Key Terms amendment: a change to the written words of the Constitution ratification: the act of approving a proposed amendment formal amendment: one of four ways to change or add to the written language of the Constitution Bill of Rights: the name given to the first ten amendments to the Constitution, which guarantee many basic freedoms; all ten amendments were ratified in 1791 Copyright Pearson Education, Inc. Slide 21

22 Introduction How has the Constitution been amended through the formal amendment process? The majority of amendments have been proposed by a two-thirds vote of Congress and ratified by three-fourths of the state legislatures. An amendment can also be ratified by state conventions held in three fourths of the states. This has only happened once. Copyright Pearson Education, Inc. Slide 22

23 Changing with the Times The amendment process allows the Constitution to adapt to the changing needs of our nation and society. The United States has gone from a farming nation of less than 4 million people to a high-tech country with a population of more than 300 million. Portions of the Constitution have been added, deleted, or altered as a result of amendments. Copyright Pearson Education, Inc. Slide 23

24 The Amendment Process Article V of the Constitution describes the amendment process. Amendments may be proposed: By a two-thirds vote of each house of Congress. [Done for 26 of 27 amendments.] By a national convention called by Congress at the request of two-thirds of the state legislatures. [Done for the 21 st amendment.] Copyright Pearson Education, Inc. Slide 24

25 The Amendment Process, cont. Amendments can be ratified: By three-fourths of the state legislatures. By conventions in three-fourths of the states. [A method not yet used.] Copyright Pearson Education, Inc. Slide 25

26 Federalism Checkpoint: How does the federal amendment process reflect the concept of federalism? Amendments are proposed at the national level and ratified at the state level by legislatures or conventions. A state can reject an amendment and later decide to ratify it. But a state cannot change its mind after it votes to ratify an amendment. The President cannot veto proposed amendments. Copyright Pearson Education, Inc. Slide 26

27 Popular Sovereignty The amendment process is based on popular sovereignty. The people elect the representatives who vote to propose or ratify amendments. Some critics argue that conventions are a better way to ratify amendments than state legislatures, because state legislators are rarely elected based upon their views on an amendment. The Supreme Court has ruled that states cannot require a proposed amendment to be approved by popular vote before the state legislature can ratify it. Copyright Pearson Education, Inc. Slide 27

28 The Bill of Rights Checkpoint: What is the purpose of the Bill of Rights? They spell out many basic rights and liberties. Many people would not support the Constitution until a Bill of Rights was promised. Copyright Pearson Education, Inc. Slide 28

29 Proposed Amendments Most suggested amendments are never proposed by Congress. Congress has sent only 33 of some 15,000 suggested amendments to the states. Six proposed amendments were not ratified by the states. Congress can set a reasonable time limit for ratification, usually around seven years. Failed amendments include one declaring the equal rights of women (ERA) and one banning amendments dealing with slavery. Copyright Pearson Education, Inc. Slide 29

30 The 27 Amendments Many of the 27 current amendments were proposed in response to legal disputes, social conflicts, or perceived constitutional problems. The 12 th Amendment resolved a problem with the presidential election process. The 13 th Amendment abolished slavery. Copyright Pearson Education, Inc. Slide 30

31 The 27 Amendments, cont. The 15 th, 19 th, and 26 th Amendments each extended voting rights to a new segment of society: African Americans Women 18-year olds Inez Milholland Copyright Pearson Education, Inc. Slide 31

Amendment 12 Changes in electoral college procedures 1865 - Amendment 13 Abolition of Slavery 1868 -

32 The 27 Amendments, cont Amendments 1-10 Bill of Rights Amendment 11 States immune from certain lawsuits Amendment 12 Changes in electoral college procedures Amendment 13 Abolition of Slavery Amendment 14 Citizenship, equal protection, and due process Amendment 15 No denial of vote because of race, color or previous enslavement Copyright Pearson Education, Inc. Slide 32

33 The 27 Amendments, cont Amendment 16 Congress given the power to tax incomes Amendment 17 Popular election of U.S. Senators Amendment 18 Prohibition of alcohol Amendment 19 Women s suffrage Amendment 20 Change of dates for presidential and congressional terms Amendment 21 Repeal of prohibition (Amendment 18) Copyright Pearson Education, Inc. Slide 33

presidential elections 1964 - Amendment 24 Ban of tax payment as voter qualification 1967 - Amendment 25

34 The 27 Amendments, cont Amendment 22 Limit on presidential terms Amendment 23 District of Columbia allowed to vote in presidential elections Amendment 24 Ban of tax payment as voter qualification Amendment 25 Presidential succession, vice presidential vacancy, and presidential disability Amendment 26 Voting age changed to Amendment 27 Congressional pay Copyright Pearson Education, Inc. Slide 34

35 Review Now that you have learned how the Constitution has been amended through the formal amendment process, go back and answer the Chapter Essential Question. How has the Constitution lasted through changing times? Copyright Pearson Education, Inc. Slide 35

36 Objectives 1. Identify how basic legislation has added to our understanding of the Constitution over time. 2. Describe the ways in which the executive and judicial branches have interpreted the Constitution. 3. Analyze the role of party practices and custom in interpreting the Constitution. Copyright Pearson Education, Inc. Slide 36

37 Key Terms executive agreement: a pact made by the President directly with the head of a foreign state treaty: a formal agreement between two or more independent states electoral college: the body of electors that makes the formal selection of the President Copyright Pearson Education, Inc. Slide 37

38 Key Terms, cont. Cabinet: a body made up of the heads of the 15 executive departments that advises the President senatorial courtesy: the Senate custom of refusing to approve any presidential appointee unless that person has the support of all Senators from the appointee s home state who belong to the same party as the President Copyright Pearson Education, Inc. Slide 38

39 Introduction How have the day-to-day workings of the government affected how we interpret the Constitution? Congress passes new laws. Presidents push to expand executive power. The Supreme Court makes key rulings on constitutional issues. Political parties influence the governing process. Customs develop over time. Copyright Pearson Education, Inc. Slide 39

40 The Role of Congress Congress has expanded upon basic constitutional provisions. Congress created much of the specific structure of the federal government. Congress established the federal court system the Constitution created only the Supreme Court. Congress created the many departments and agencies in the executive branch. Congress has clarified issues such as the succession of the Vice President. Copyright Pearson Education, Inc. Slide 40

41 Powers of Congress Congress passes laws that clarify its own constitutional powers. The Constitution describes some congressional powers in vague terms. For example, Congress has the power to regulate foreign trade and interstate commerce. Over the years, Congress has passed thousands of laws that detail just what is meant by words like regulate, trade, interstate and commerce. In the process, it has interpreted the meaning of the Constitution. Copyright Pearson Education, Inc. Slide 41

42 Expanding Executive Power Presidents have increased their constitutional powers by taking a broad interpretation of such powers. Often this involves avoiding the need to gain congressional approval. For example, only Congress can declare war. But while acting as commander-in-chief, many Presidents have sent military forces into combat without a formal act of war. The Senate must approve formal treaties. But Presidents can and do enter into legally binding executive agreements with foreign leaders without asking for Senate approval. Copyright Pearson Education, Inc. Slide 42

43 Presidential Power The Constitution grants the President executive power. Most Presidents argue that this power includes the authority to do things not specifically mentioned in the Constitution. For example, Thomas Jefferson used it as a justification for acquiring new territory for the United States when he purchased the Louisiana Territory in Copyright Pearson Education, Inc. Slide 43

44 The State of the Union While an address to Congress is required by the Constitution, the method of address is left to each President. Harry Truman s State of the Union was the first televised address. Today, the State of the Union is an annual televised address to Congress and all Americans. Copyright Pearson Education, Inc. Slide 44

45 The Courts The nation s courts, particularly the Supreme Court, interpret the Constitution on a regular basis. The power of judicial review gives the Court the power to declare laws unconstitutional. Declaring that a law is constitutional also involves interpreting the Constitution. Each type of ruling sets a precedent for interpreting future laws. Copyright Pearson Education, Inc. Slide 45

46 Political Parties The Constitution does not mention political parties. Most of the Framers actually opposed parties, fearing they would divide the government. Copyright Pearson Education, Inc. Slide 46

47 Political Parties, cont. Yet parties are very influential in our political process. The daily business and the committee system of Congress are organized around party membership. Copyright Pearson Education, Inc. Slide 47

48 Political Parties, cont. Checkpoint: How have political parties changed the way we interpret the Constitution? The Constitution says nothing about the nomination process. Political parties use state primaries and national conventions to choose candidates. Parties also influence the selection of electors to the electoral college. Party membership also influences the President s decision-making process when choosing political appointees. Copyright Pearson Education, Inc. Slide 48

49 Customs Unwritten customs can be as influential as written laws. The President s Cabinet exists solely as a result of custom rather than any laws. The custom of senatorial courtesy guides the appointment of public officials. Copyright Pearson Education, Inc. Slide 49

50 Customs, cont. Ever since George Washington, Presidents had limited themselves to two terms in office. After Franklin Roosevelt was elected to four consecutive terms from 1932 to 1944, the two-term limit was made into law by passage of the 22 nd Amendment in Copyright Pearson Education, Inc. Slide 50

51 Customs, cont. Checkpoint: Which customs did the 22nd and 25th Amendments establish as laws? For years, the Vice President assumed the office of the presidency when the President died. But this was not a formal law until ratification of the 25 th amendment in Copyright Pearson Education, Inc. Slide 51

52 Review Now that you have learned how the dayto-day working of the government have affected how we interpret the Constitution, go back and answer the Chapter Essential Question. How has the Constitution lasted through changing times? Copyright Pearson Education, Inc. Slide 52

Chapter 3: The Constitution Section 2

Chapter 3: The Constitution Section 2 Objectives 1. Identify the four different ways by which the Constitution may be formally changed. 2. Explain how the formal amendment process illustrates the principles